How do supervisory authorities decide on fines in data protection? The procedure has not been uniformly regulated so far – but that is about to change. With the new model guidelines from the German Data Protection Conference (DSK), a guide is available for the first time that is intended to ensure greater transparency and legally secure procedures. A step that is significant not only for authorities, but also for companies.
Uniform standards for data protection supervision
In June 2025, the DSK published model guidelines for the procedure for fines imposed by data protection supervisory authorities (MRiDaVG). These model guidelines are to be issued as administrative regulations by the respective data protection supervisory authorities of the Federation and the Länder. They are intended for publication, according to the DSK. The requirements of these guidelines are intended to achieve uniformity in data protection supervisory procedures for fines across agencies and between agencies. However, the EDPB’s guidelines should be given priority. Furthermore, the respective administrative procedures, which are not the subject of these model guidelines, should be considered separately.
Relevance of model guidelines for practice and legal certainty
The goal is to provide guiding principles for the procedural process, the exercise of discretion, and the application and interpretation of German legal norms within the framework of procedures for fines under the GDPR. The regular case is used as a basis.
In addition to general questions, it regulates competences, the procedure for fines, interim proceedings, seized items, and the release of information about fine proceedings. For example, with regard to discretionary decisions, it is stated that “duty-bound discretion” under § 47 (1) OWiG in the scope of the GDPR is to be interpreted in the sense of the grounds for discretion under Art. 83 (2) (2) GDPR. There are also requirements for the content of a possible decision. In practice, these model guidelines are therefore helpful as a benchmark if necessary, in order to be able to review any fine decisions legally.
